Section 440 CrPC: Amount of bond and reduction thereof

Code of Criminal Procedure, 1973

Section 440 CrPC at a Glance

Section 440 CrPC deals with amount of bond and reduction thereof. From 1 July 2024 it is replaced by Section 484 BNSS.

Now BNSS

Section 484 →

What Section 440 CrPC Says

440. Amount of bond and reduction thereof

(1) The amount of every bond executed under this Chapter shall be fixed with due regard to the circumstances of the case and shall not be excessive.

(2) The High Court or the Court of Session may direct that the bail required by a police officer or Magistrate be reduced.

Source: Section 440, Code of Criminal Procedure, 1973

Section 440 CrPC in Simple Words

Section 440 of the Code of Criminal Procedure, 1973 speaks of the amount of a bond and of reducing bail. The amount of every bond executed under the Chapter that contains it shall be fixed with due regard to the circumstances of the case and shall not be excessive. The High Court or the Court of Session may direct that the bail required by a police officer or Magistrate be reduced.

When Section 440 CrPC Applies

  • Section 440(1) CrPC speaks of every bond executed under the Chapter that contains it.
  • The amount of every such bond shall be fixed with due regard to the circumstances of the case and shall not be excessive.
  • Under Section 440(2) CrPC, the High Court or the Court of Session may direct that bail be reduced.
  • The bail in Section 440(2) CrPC is bail required by a police officer or Magistrate.

Example of Section 440 CrPC

A Magistrate requires bail from Ramesh. Section 440(2) CrPC says the High Court or the Court of Session may direct that the bail required by a police officer or Magistrate be reduced. The Court of Session may therefore direct that the bail required from Ramesh be reduced. Section 440(1) CrPC says the amount of every bond executed by Ramesh under that Chapter shall be fixed with due regard to the circumstances of the case and shall not be excessive.

When Section 440 CrPC Does Not Apply

  • Section 440 CrPC speaks of the amount of a bond and of reducing bail. It does not deal with the procedure when a bond has been forfeited, which is the subject of Section 446 CrPC.
  • Section 440(2) CrPC speaks of reducing bail required by a police officer or Magistrate. It does not deal with the special powers of the High Court or Court of Session regarding bail, which are the subject of Section 439 CrPC.

Section 440 CrPC Under BNSS 484: What Changed

Section 440 CrPC is now covered under Section 484 BNSS.

Section 484 BNSS has the same heading and the same text as Section 440 CrPC. Section 440(1) CrPC is found in Section 484(1) BNSS and Section 440(2) CrPC in Section 484(2) BNSS.

View detailed comparison (CrPC 440 vs BNSS 484) →

FAQs on Section 440 CrPC

How must the amount of a bond be fixed under Section 440 CrPC?▼

Section 440(1) CrPC says the amount of every bond executed under the Chapter that contains it shall be fixed with due regard to the circumstances of the case and shall not be excessive.

Who may direct that bail be reduced under Section 440(2) CrPC?▼

Section 440(2) CrPC says the High Court or the Court of Session may direct that the bail required by a police officer or Magistrate be reduced.

Does Section 440 CrPC cover bail required by a police officer?▼

Yes. Section 440(2) CrPC speaks of the bail required by a police officer or Magistrate. The High Court or the Court of Session may direct that such bail be reduced.

Where is Section 440 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

From 1 July 2024, Section 440(1) CrPC is found in Section 484(1) BNSS and Section 440(2) CrPC in Section 484(2) BNSS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 21 Oct 2026 ·